Fair Work Ombudsman
Citation: FWO-2022-04-13-martina-corp-litigation-media-release
At a glance
- Penalty
- $33,300
- Employees affected
- 1
- Awards cited
- MA000123
What happened
The Fair Work Ombudsman commenced legal action against Martina Corp Pty Ltd, which operates a café called 'Bare Witness' in Rhodes, Sydney. The action followed a request for assistance from a migrant worker employed as a cook between July 2020 and March 2021. A Fair Work Inspector issued a Compliance Notice in June 2021 after suspecting the worker was underpaid. It's alleged the worker was paid a flat hourly rate of $21.54, below the full-time minimum wage and without penalty rates or meal break entitlements. Martina Corp failed to comply with the Compliance Notice, which required calculation and back-payment of entitlements. The company has since entered liquidation.
What was decided
The Fair Work Ombudsman is seeking a court order for Martina Corp Pty Ltd to rectify alleged underpayments, including interest and superannuation. The company faces a maximum penalty of $33,300 for failing to comply with the Compliance Notice. The case was discontinued in October 2022 after the company entered liquidation. The Fair Work Ombudsman emphasised the importance of complying with Compliance Notices and taking legal action when businesses fail to do so.
What it means for employers
Employers, particularly in the hospitality sector, must ensure they are paying employees at least the minimum wage and all applicable entitlements, including overtime, penalty rates, and meal breaks. Failure to comply with Compliance Notices can result in significant penalties and legal action.
What it means for employees
Visa holder workers and employees in the fast food, restaurant, and café industries should be aware of their pay and entitlement rights. They are encouraged to contact the Fair Work Ombudsman for free advice and assistance if they have concerns about their pay or entitlements.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/april-2022/20220413-martina-corp-litigation-media-releaseWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →